Terms of Service
Last updated: April 2, 2022
Salty Boat Rental LLC and/or its affiliates ("Salty", "we" or "us") operate an online store ("Salty Web Site") located at www.SaltyBoatRental.com from which you may purchase products and services ("Salty Web Site Products").
These Terms of Use apply to the content and functionality of the Salty Web Site, and to the Salty Web Site Products.
1. Information That You Provide to Us
You may give us information about yourself when you visit the Salty Web Site. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the Salty Web Site and provide your contact details. Standard text or data charges may apply to text messages.
2. Salty Web Site IP
As between you and Salty, Salty and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Salty Web Site (collectively, "Salty Web Site IP"). Salty Web Site IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Salty Web Site IP not expressly granted to you in these Terms of Use are reserved.
You may choose to or we may invite you to submit comments or ideas about improvements to the Salty Web Site or our products or services ("Ideas"). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Salty has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
3. Access to Salty Web Site
Salty grants you a limited, revocable, non-exclusive, non-transferable license to access the Salty Web Site. This license does not include a right to use any of the content and information, including product listings.
4. Products, Content and Specifications
Details of the products and services available for purchase in the Salty Web Site ("Salty Web Site Products") are set out in the Salty Web Site. All features, content, specifications, products and prices of products and services described or depicted in this Salty Web Site are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the Salty Web Site due to the limitations of the systems that you use to access the Salty Web Site. The inclusion of any products or services in the Salty Web Site at a particular time does not imply or warrant that these products or services will be available at any time. By placing an order, you represent that the products ordered will be used only in a safe and lawful manner.
5. Cancellation
Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you make a reservation or purchase. See our Cancellation Policy for details.
6. Your Account
We may require that you create an account to access the Salty Web Site, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
7. Shipping and Returns
This Section applies to Salty Web Site Products that are physical goods. Orders are shipped using carriers selected by Salty. The shipping fees you will be charged, if any, will be provided to you before you confirm your order. Salty is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery.
Unless otherwise noted in the product description, Salty Web Site Products may be returned in their original packaging and condition (including all accessories and components provided) within 30 days of purchase. To begin the return process, please contact us. Return shipping instructions will be provided. Salty will cover the cost of return shipping and will refund your purchase price in full.
8. Sanctions and Export Policy
You may not use the Salty Web Site or purchase any Salty Web Site Product in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).
9. No Warranties
We provide the Salty Web Site, Salty Web Site IP and Salty Web Site Products "as is" and "as available", without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Salty or obtained by you from or through the Salty Web Site creates or implies any warranty from Salty to you.
10. Limitation of Liability
Under no circumstances will Salty be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Salty Web Site or for the unavailability of the Salty Web Site, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the Salty Web Site, even if such damages are foreseeable.
You agree to limit any additional liability not disclaimed or denied by Salty to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Salty during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.
11. Disputes
Binding Arbitration: Any dispute arising out of or relating to these Terms of Use will be determined by arbitration in St. Petersburg, Florida before a single arbitrator, administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitrator will apply the substantive law of the State of Florida.
Class Waiver: To the fullest extent permitted by law, each of the parties agrees that any dispute will be conducted only on an individual basis and not in a class, consolidated or representative action.
12. Applicable Law
By using the Salty Web Site, you agree that the laws of the state of Florida, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Salty.
13. Modification and Severability
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect. You can access a copy of the current version of these Terms of Use on our website at any time.